O’Keefe v Caner [2017] EWHC 1105 (Ch)

WTLR Issue: Summer 2017 #168

This was a trial of the preliminary issue of whether claims made by the joint liquidators of two Jersey-incorporated companies against the respondents were time-barred as a matter of Jersey law.

In the proceedings, the applicants claimed that between 10 April 2007 and 10 June 2008 payments were made of €16m and €18m from ‘Level One’ and ‘Special Opportunity’ respectively, to or for the benefit of the first respondent or companies owned beneficially by him...

Pettigrew v Edwards [2017] EWHC 8 (Ch)

WTLR Issue: Summer 2017 #168

Veronica Edwards (the deceased) died on 2 April 2003, and her will was proved by the claimants (as her executors and trustees) (the trustees) in October 2003. Under the will, the deceased left her residuary estate to the trustees pay the income to her fourth husband (the defendant) for life, and subject thereto, to the First and Second Claimants (who were also her sons by her first marriage) in equal shares...

Revell v HMRC [2016] UKFTT 97 (TC)

WTLR Issue: Summer 2017 #168

On 10 December 2014, HMRC purported to close an enquiry into the appellant’s self-assessment for the year 2008/2009 by making amendments to the return so as to increase the tax due for that year to £16,518.60. The appellant appealed this decision principally on the basis that HMRC had failed properly to serve on him a request to file a self-assessment return...

Trilogy Management Ltd v Harcus Sinclair [2016] EWHC 170 (Ch)

WTLR Issue: Summer 2017 #168

This was an application by the defendant firm of solicitors (D) for the particulars of claim and reply to be struck out on the ground that they disclose no answer to the limitation defence or summary judgment dismissing the entirety of the claim on the basis that the claimant (C) has no real prospect of success because the claim is statute barred...

Akers v Samba [2017] UKSC 6

WTLR Issue: Summer 2017 #168

Mr Al-Sanea was the legal owner of shares in five Saudi Arabian banks, including Samba Financial Group (appellant). As a result of six transactions between 2002 and 2008 Mr Al-Sanea agreed to hold the relevant shares in trust for Saad Investments Co Ltd (SICL), a company subject to the laws of the Cayman Islands...

Twin Benefits v Meek [2017] EWHC 177 (Ch)

WTLR Issue: Summer 2017 #168

This was an application by the claimant for an order for disclosure against a non-party under CPR r.31.17. The underlying action concerned a claim by the assignee of rights from the twin minor children of the first defendant (‘the twins’) concerning a compromise of earlier proceedings (‘the compromise’)...

Akita Holdings v Turks and Caicos Islands [2017] UKPC 7

WTLR Issue: Summer 2017 #168

Mr H was a ‘belonger’ (a citizen of the Turks and Caicos Islands) and appointed as a government minister in 2003, remaining in government until 2008. There was a policy entitling a belonger to apply for a conditional purchase lease over Crown Land subject to certain conditions which, if met, entitled the belonger to purchase the freehold title at a discounted rate, in this case of 50% of the open market value...

Watt v ABC [2016] EWHC 2532 (COP)

WTLR Issue: Summer 2017 #168

ABC was awarded £1.5m in settlement of personal injury proceedings in the QBD. ABC executed a revocable personal injury settlement in January 2015 to receive interim payments of damages and to preserve his entitlement to state funded care. In June 2015 the applicant was appointed by the Court of Protection to be ABC’s deputy, on the basis that he lacked capacity to manage his property and affairs...

Armstrong v Onyearu [2017] EWCA Civ 268

WTLR Issue: Summer 2017 #168

Mr and Mrs Onyearu were a married couple. Mr Onyearu was declared bankrupt in 2011 and Mr Armstrong was his trustee in bankruptcy. The question before the Court was whether Mrs Onyearu could rely upon the equity of exoneration in order to take a charge over her husband’s share of the matrimonial home...

Bathurst v Bathurst [2016] EWHC 3033 (Ch)

WTLR Issue: Summer 2017 #168

This was an application under the Variation of Trusts Act 1958 to change a provision relating to the appointment of new trustees of a settlement. Following the death of the settlor, the statutory power under s36 Trustee Act 1925 applies. The variation proposed was that for the future, the principal beneficiary for the time being should have the power to appoint need trustees, with the written consent of the trustees for the time being...